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2025 DAILYLAW 102439 (ALL)

MOHD SALEEM v. STATE OF U.P. AND 4 OTHERS

A482/33543/2024 · 2025-04-15

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55994 Court No. - 71 Case :- APPLICATION U/S 482 No. - 33543 of 2024 Applicant :- Mohd Saleem Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Dhirendra Kumar Agrahari Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been preferred against the order dated 08.07.2024, passed by learned Additional Principal Judge, Family Court No.1, Bulandshahr, in Misc. Case No.567 of 2023 (Smt. Wasila Parveen Vs. Mohd. Saleem), under Section 128 Cr.P.C., Police Station- Jahangirabad, District- Bulandshahr, pending before the Court of Additional Principal Judge, Family Court No.1, Bulandshahr. 3. It has been submitted by learned counsel for the applicant that impugned order is against record and thus liable to be set aside. The opposite party nos.2 to 5 were awarded maintenance by the Family Court vide judgment & order dated 20.02.2023 and maintenance @ Rs.5000/- was granted in favour of opposite party no.2 and Rs.3000/- each per month was granted to applicant nos.3 to 5. It was also directed that the amount of maintenance already paid by the applicant/husband in the aforesaid case would be adjusted against the arrears of maintenance. Learned counsel submitted that the amount of maintenance paid by the applicant during pendency of the case has not been adjusted by the Family Court and thus impugned order is liable to be set aside. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that the opposite party nos.2 to 5 were awarded maintenance by judgment & order dated 20.02.2023. It appears that in recovery proceedings under Section 128 Cr.P.C. the applicant has filed objections stating that the amount of maintenance already paid by him has not been adjusted. The said objections have been disposed of by the Family Court concerned vide impugned order dated 08.07.2024 and the applicant was directed to deposit the arrears of maintenance in terms of judgment dated 20.02.2023. There is nothing to show that the amount of maintenance paid by applicant has not been adjusted by the Family Court in terms of judgment and order dated 20.02.2023. In view of these facts and circumstances, it can not be said that impugned order is suffering from any patent illegality or there has been any abuse of the process of Court. Hence, the prayer sought by applicant is refused. 7. However, in case the applicant has any grievance regarding calculation of quantum of arrears of maintenance or adjustment of the amount paid by him during pendency of the case, he may file an application before the Family Court concerned raising his grievance and in such a case the Family Court concerned shall decide such application in accordance with law. 8. The application u/s 482 Cr.P.C. is disposed of in above terms. Order Date :- 16.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad